Virginia Jury Instruction - 3.1 Fraud - With Defense Of Waiver
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FAQ
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Although the singer Meatloaf has said that ?two out of three ain't bad,? under Wisconsin law, five-sixths of the jurors (10 out of 12 jurors on a 12-person jury)1 must agree on all issues necessary to support a judgment in a civil case.
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
Yes. Every juror must agree on the verdict. This is known as a unanimous verdict. If the jury cannot agree, then the judge must declare a mistrial.
In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.
The law requires twelve (12) jurors to be seated in a criminal case, only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a litigant ?guilty? or ?not guilty? by unanimous vote. In civil cases the law requires a vote of at least three-fourths of the jury to reach a verdict.
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
As you have been told, your verdict must be unanimous. If you can possibly reach a verdict, it is your duty to do so. You should listen to the views and opinions of your fellow jurors with fairness and candor, and you should give consideration to what they say.
Ing to Virginia Code § 8.01-359, the plaintiff and defendant attorneys can each strike three additional jurors. Parties will also want to strike jurors they believe will be harmful to their case, but there was not enough information to strike them for cause.